Are Hemp-Derived Delta 9 THC Gummies Legal in Massachusetts?

Delta 9 Massachusetts

Massachusetts is a hemp-friendly state, but its cannabis laws are not as straightforward as they seem. Are delta 9 THC gummies legal in Massachusetts? 

Last Update: November 25, 2023


  • Hemp-derived delta 9 gummies with less than 0.3% THC are not legal in Massachusetts.
  • The state holds close to federal regulations and doesn’t allow adding cannabinoids like CBD to food, beverages, and products that make therapeutic claims.
  • You can’t order hemp-derived delta 9 gummies online because they are prohibited in this state.
  • Mr. Hemp Flower offers a range of premium full spectrum products that you can buy in Massachusetts.

Where to Buy Legal Delta 9 Gummies in Massachusetts?

The best place to purchase delta 9 THC gummies is online.

Unfortunately, you can’t buy our delta 9 THC gummies if you live in Massachusetts. The state allows the sale of non-food CBD products only. Instead, we’ll recommend our potent full spectrum oil and smokable hemp products

By buying directly from Mr. Hemp Flower aka, the original manufacturer you are protecting yourself from bad actors on the market. On our website, you can find reviews, a certificate of analysis, the best offers, low prices, and things that you can’t find anywhere else. 

If the laws change, we’re happy to serve your needs. 

Our Delta 9 THC gummies are made from a purified extract obtained from organically grown hemp flower. Although they contain 10mg delta 9, they are still within the federal threshold of 0.3%. Aside from delta 9, this freshly derived full spectrum extract contains cannabidiol (CBD) giving you a balanced, optimal dose. These gummies will not overstimulate you but help with daytime focus and physical discomfort. 

As one of the few transparent brands on the market, we’re thrilled to display the ingredients and other details about the product on the product page. All our products are made from organic hemp. Our team’s hard work, attention to detail, and care stand behind Mr. Hemp Flower’s line of tested products. 

Are Delta 9 Gummies Legal in Massachusetts? 

No, hemp-derived delta 9 gummies with less than 0.3% THC are not legal in Massachusetts.

The state holds close to the FDA’s regulations on CBD and doesn’t allow it as an ingredient in food products.

Although the 2018 Farm Bill legalized CBD derived from hemp, Massachusetts didn’t take the opportunity to legalize and regulate the compound within state borders. 

According to the Massachusetts Department of Agricultural Resources and the Department of Health, the sale of hemp-derived CBD in food, beverage, or products that make therapeutic claims is prohibited. The state allows the sale of CBD in non-food products only, including smokable hemp and cosmetics. 

In Massachusetts, hemp growers can sell smokable flower and hemp extracts to state marijuana dispensaries. Another rule that took effect in October 2021, contains instructions for testing and labeling of hemp products for sale to recreational and medical marijuana shops.

For now, this program is limited to Massachusetts farmers and retailers and doesn’t include out-of-state products. 

Read More: A State-by-State Delta 9 THC Legality Guide

What is Hemp-Derived Delta 9 THC?

Cannabis is a complex and unique plant with over 400 chemical compounds. The main group of compounds in cannabis is known as cannabinoids, and the plant counts over 60 of them. Delta 9 THC, or just THC, is the dominant psychotropic cannabinoid in marijuana, associated with its intoxicating properties. 

THC is present in hemp, the non-intoxicating cannabis variety bred to naturally produce this compound in a concentration of less than 0.3%. The Farm Bill set that threshold when legalized hemp and all its cannabinoids. 

So, when extracted from federally compliant hemp material, delta 9 THC is a legal compound. As such, it can be infused in hemp-derived products, again in a concentration of less than 0.3%.

If derived from marijuana, delta 9 is an illegal substance. THC interacts with the endocannabinoid system in the body and can potentially alleviate pain and inflammation, low appetite, and disrupted sleep patterns, among other things.  

Hemp Compliant Delta 9 THC and Federal Law

Under the 1970 Federal Controlled Substances Act, all cannabis varieties were considered Schedule I controlled substances. They were listed alongside drugs with high potential for abuse and no accepted medical use. 

The 2018 Farm Bill legalized the hemp plant and created a legal threshold between hemp and marijuana. Under federal law, hemp is the cannabis variety that contains less than 0.3% delta 9 THC by weight. Every hemp material or product that exceeds 0.3% delta 9 by weight is considered marijuana. Here’s the official definition of hemp in the bill:

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis [1].”

Hemp-derived CBD products from hemp have been rescheduled on a federal level, while hemp CBD from marijuana is illegal. The same goes for the new, hemp compliant delta 9 THC gummies, which are derived from hemp and contain less than 0.3% delta 9 THC. Despite hemp and hemp products being considered a commodity, they must be produced and sold under state regulations that implement the federal bill. 

Regarding food products, the bill granted authority to the Food and Drug Administration (FDA) to regulate labeling and use of cannabinoids as food additives (especially CBD). The FDA, unfortunately, stayed behind on this question and is still processing or re-evaluating its stance on these products. So, many states have decided to regulate CBD products at a state level, but Massachusetts is not one of them. 

Be Sure to Check Out: 

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Delta-9 THC FAQ

While delta 9 is legal on a federal level, it’s illegal in all 50 states. Some states don’t permit the sale of hemp-derived products that contain THC.

Delta 9 is the most prevalent intoxicating cannabinoid in cannabis. Compared to it, delta 8 THC is 50 to 75 percent less potent and mildly stimulative.

Yes, it will. In fact, you can get overstimulated by delta 9 THC if you use it in higher doses

Hemp does have delta 9. As the non-intoxicating variety of cannabis, hemp contains less than 0.3% delta 9 THC.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

Checkout our State-by-State Articles: 

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